What is the statute of limitations on misdemeanor theft and how can I take care of it quickly?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the statute of limitations on misdemeanor theft and how can I take care of it quickly?

A potential employer did a background check on me and found a pending case from 16 years ago. I inquired and it is from a video rental establishment. I went to my local magistrate and they said the documents have been destroyed and I need to go to the county it happened in and have them reenter the case so they can serve me. Isn’t there a statute of limitations on things like this? I assume it is from an unreturned movie myself or someone did not return on my account. How quickly can I take care of this? I am to start work in one week. The employer said I cannot start if it is not taken care of.

Asked on March 2, 2012 under Criminal Law, North Carolina

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

In New York a prosecution for a misdemeanor offense is two years, with the exception of tax offenses which is three years.  The rest of your question leads me to believe the case is not in NY.  In NY, if no arrest was made within two years of the crime, it can not be brought now but there would be nothing to take care of. The only way in NY this would still be an open case is if you failed to appear in court and a bench warrant was issued.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption